It could not have come sooner – the END – especially after spending long hours yesterday hammering out details on Conference Committee Reports. Yes, Legislators finally heard the gavels pound around 3:45 p.m. today, after Legislators endured yet another Adjournment Resolution moving Sine Die out an additional 45 minutes from the previously agreed upon time of 3:00 p.m. The Speaker raced from the House Chamber as usual and everyone was gleeful – papers were twirling in the air. Many appeared to flee quickly from the Capitol in an effort to head home or back to their offices. Now, the focus will shift to campaigning for re-election. Most of the lobbyists were exhausted from running from monitor to monitor watching the ‘agrees and disagrees’ and hearing final votes and making sure that no unnecessary "cars" were attached to their bills. There were some casualties along the way, but all-in-all, few pieces of drastic legislation passed. This Report will contain some of the highlights of the day.

There were many additional farewells today. Sen. Phil Gingrey bade the Senate farewell as he will be seeking a Congressional seat. Sen. Mike Beatty also announced that he would not be seeking his Senate seat but rather that of the Lt. Governor. Sen. Susan Cable, Sen. Mike Polak, and Sen. Donzella James also bade the Senate farewell. Sen. James will also be seeking a Congressional seat. Sen. Joe Burton made his farewell speech following 30 years of service to the State. Sen. David Scott also gave his farewell address after 28 years in the General Assembly. Sen. Scott will be seeking a Congressional seat. Sen. Greg Hecht also announced his intention for seeking a Congressional seat.

As one would expect, the day was primarily spent on getting agreement to modifications made to legislation.

Two of the more noteworthy pieces of legislation were the predatory lending and gas deregulation bills. HB 1361, the Governor’s fix to predatory lending practices, was dealt with in a Conference Committee. Many of the House proposals on this legislation were adopted by the Conferees. However, the "day in court" provision mandating that all high cost loan foreclosures be dealt with in the courts was stricken. There was language added for increasing the non-judicial foreclosure process by two weeks and requiring a notice of 14 days, via certified mail. Conferees amended the bill so that it would prohibit lenders from approving loans for persons with total debt load (which would include the new loan) when such exceed 50% of the person’s gross monthly income.

The gas bill, HB 1568, was also approved. This bill now has a "provider of last resort" which is a regulated gas company that would have to take low income customers. Additionally, the bill proposes that low income persons can also get some protection through the State’s "universal" fund. EMCs are also allowed to enter the natural gas market. (These are the non-profit electricity providers.) The bill creates a Natural Gas Consumer’s Bill of Rights providing protection to consumers from any fraudulent business practices, and allows an exemption from the surcharge for hospitals, which are interruptible customers, meeting certain indigent care numbers based upon 5 percent of their operating expense costs.

Additionally, one significant healthcare bill also cleared today. HB 498, this was the Speaker’s bill on the reformation of HB 100 which established the Community Service Boards and Regional Boards which provide mental health, mental retardation, and substance abuse services in the community. HB 498 provides that the Community Service Boards can have greater powers and basically relegates the Regional Boards to mere planning boards. The Department of Human Resources will have greater responsibility in the funding of the Community Service Boards.

Some of the news from the Senate included:

SB 385 – The Governor’s bioterrorism bill was agreed upon by a vote of 36 to 13. Sen. Steve Thompson took the Well to explain changes made to the bill. The amendment made on the House side, which the NRA had agreed with, concerned the use of firearms. There was also continued discussion about the use of a religious exemption (as such would relate to mass vaccinations and quarantines) but argument was that this bill is trying to save lives and coordinate emergency efforts. In the end, the bill passed by a vote of 25 to 13.

SB 119 – Sen. Walker moved that the Senate agree to the House substitute which allows that applied psychologists be licensed by a professional licensing Board. The motion carried by a vote of 49 to zero.

SB 291 – The Senate adopted the Conference Committee report on this bill, which deals with safety in schools, by a vote of 43 to 1. It specifically changes the penalties when a student has committed an act of physical violence against a teacher or other school official or employee.

SB 396 – The Senate also took action on this open records amendment which would prohibit the disclosure of records when such would compromise the security of a building. There is also language included in this bill pertaining to when autopsy photographs may be disclosed.

SB 442 – Sen. Hill moved that the Senate agree to the House substitute on this bill which allows that the Department of Community Health, rather than the Department of Human Resources, oversee the grants to rural hospitals.

SB 475 – This is the Governor’s identity theft and privacy bill which Sen. Charlie Tanksley moved that the Senate agree with the House substitute on the bill. His motion carried by a vote of 46 to zero.

SB 346 – Sen. Harp moved that the Senate agree with the House substitute on this bill which provides that service of process to persons in foreign countries be conformed with that of Federal Rules of Civil Procedure 4(f).

HB 585 – Sen. Stokes presented the Conference Committee Report concerning the pharmacy benefit managers’ licensing to the Senate and explained the changes. The motion carried by a vote of 42 to zero. One of the significant changes proposes that Board shall include a requirement that all wholesale drug distributors, required to register per O.C.G.A. § 26-4-115, shall make adequate provision for the return of outdated drugs, both full and partial containers, for up to six months after the labeled expiration date for prompt full credit or replacement.

SB 476 – The Senate also agreed with the House substitute on the Governor’s bill pertaining to the pre-certification of procedures and treatments by health insurance entities. The Senate agreed in a vote of 41 to zero.

SB 370 – Sen. Ragan moved that the Senate agree with the House substitute on this bill dealing with the disposal of dead animals. The definition of a ‘dead animal’ is amended to include: the carcasses, parts of carcasses, fetuses, embryos, effluent, or blood of livestock, including, without limitation, cattle, swine, sheep, goats, poultry, ratites, equine, and alternative livestock; pet animals associated with pet dealers, kennels, animal shelters, or bird dealers licensed by the Georgia Department of Agriculture; animals processed by commercial facilities which process animals for human consumption; and animals associated with wildlife exhibitions.

On the House side, there were a few bills on its debate calendar as well as action taken on its ‘agrees and disagrees’:

SB 451 - Senator Carol Jackson’s amendment to the hospital lien law passed by a vote of 151 to zero. Rep. Jeanette Jamieson carried the bill for Sen. Jackson in the House. No amendments were made to the bill as it had been engrossed. It proposes to require a notice be sent by a hospital to any person that the hospital knows who may have an interest in the lien no sooner than 30 days after a patient is discharged. Liens must then be filed 15 days after such notice is provided.

HB 917 – This is the Standby Guardianship Act which the House disagreed with the Senate’s amendments.

HB 1445 – The House disagreed with the Senate’s changes. The bill creates the Georgia Technology Authority Overview Committee which will be made up of three members from both the House and Senate.

HB 1519 – The House agreed with the Senate amendment as amended. This bill deals with excise taxes on lodging. The governing authority of each municipality in this state may levy and collect an excise tax upon the furnishing for value to the public of any room or rooms, lodgings, or accommodations furnished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the municipality for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin, campground, or any other place in which rooms, lodgings, or accommodations are regularly furnished for value. The excise tax shall be imposed on any person or legal entity licensed by or required to pay a business or occupation tax to the governing authority imposing the tax for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin, campground, or any other place in which rooms, lodgings, or accommodations are regularly furnished for value and shall apply to the furnishing for value of any room, lodging, or accommodation. There are some exceptions such as the tax authorized would not apply to charges made for any rooms, lodgings, or accommodations provided to any persons who certify that they are staying in such room, lodging, or accommodation as a result of the destruction of their home or residence by fire or other casualty. HB 878 was also incorporated into this bill and concerns regulatory fees by the city and counties.

HB 642 - The House agreed with the Senate substitute to this bill dealing with allowing of reciprocal discovery in juvenile discovery proceedings.

HB 1441 – The House insisted on its position to this bill and a Conference Committee was appointed of Reps. Charlie Smith, Richard Royal, and Henrietta Turnquest. This pertains to the Title 48 amendments for the "Cap Co" legislation.

HR 838 – House agreed to adopt the Conference Committee Report by a vote of 153 to 3. This merely dealt with naming a road in Colquitt County to be known as Veterans Parkway.

HB 1256 – The House agreed with the Senate changes on the bill relating to notaries public. Among the bill’s provisions is that it allows that a Superior Court Clerk may at his or her discretion re-commission a notary based on 1) an applicant’s criminal history; 2) revocation, suspension, or restriction of any notary commission or professional license issued to the applicant by Georgia or any other state; 3) commission in Georgia or any state of any act enumerated in subsection (a) of O.C.G.A. § 45-17-15, whether or not criminal penalties or commission suspension or revocation resulted; or 4) applicant is found by the State Bar of Georgia, a court in this state, or a court of any other state to have engaged in the unauthorized practice of law. Additionally, there are a number of enumerated items of forbidden practices by notaries such as that a notary who is not an attorney licensed in Georgia is prohibited from representing or advertising that the notary is a legal consultant or an expert on legal matters or from rendering any service that constitutes the unauthorized practice of law.

HB 1489 – The House agreed with the Senate Substitute of this legislation, which pertains to certain codified and uncodified laws based upon classification by population and which revises and changes the population and census application by a vote of 152 to 9.

HB 1344 – The sunset provisions in the Georgia Volunteers in Medical Health Care Act were agreed upon by the House. The Senate had provided a Substitute to this bill. The vote was 153 to 3 (dissenters were Reps. Bordeaux, Jackson, and Teper).

HB 1444 – This was the bill concerning MARTA taxation issues and also included use of SPLOST by not-for-profit hospitals. An additional attempt was made to allow an exemption for DeKalb County from this MARTA tax by Rep. Millar. The amendment was voted down in the Senate and again lost in the House by a vote of 35 to 113. The bill then passed by a vote of 100 to 54.

HB 410 – A Conference Committee was appointed on this bill of Reps. Jenkins, Reed, and Stokes. The bill deals with the prosecution for serious violent offenses and when such may be commenced and provides that the age limitation on prosecutions of certain crimes involving children who are victims be increased to age 18 (from current law of age 14).

HB 1582 – This bill deals with automation of the Superior Court’s records, with the exception of hospital liens. Rep. Larry Walker moved that the House agree with the Senate amendment and the House agreed by a vote of 148 to 2 (dissenters were Reps. Joyce and Franklin).

HB 1413 – This bill deals with the required criminal background checks for employees of personal care facilities before the facilities can be licensed. The House agreed with the Senate substitute to this bill by a vote of 149 to zero.

HB 1200 – Rep. Ashe asked that House defeat the proposed Floor Amendment on accountability issues concerning this Charter School legislation. Language allowing a moment of quiet reflection time is included. The amendment on the accountability issue, proposed by Reps. Williams and Kaye, was defeated by a vote of 57 to 87. The House then agreed with the Senate substitute by a vote of 156 to zero.

HB 24 – The House stripped out the language concerning the prohibition of race discrimination by insurers on a motion made by Rep. Jimmy Lord and inserted instead HB 1693 and concerning insurance companies to reimburse for towing and storage charges in connection with a automobile liability insurance policy and HB 233 which deals with premium finance agreements such as requiring that the premium finance company or the insurance agent or insurance broker shall deliver to the insured or send by electronic means or mail to the insured at his or her address shown in the agreement an addendum to the existing premium finance agreement and such addendum shall contain the information required under O.C.G.A. § 33-22-8(a). Once action was taken on the Floor, the House then agreed to the Senate Substitute as amended by a vote of 157 to 3.

HB 828 – The House agreed with the Senate substitute on the orthotics, prosthetics, and pedorthics licensure bill.

HB 1224 – The House agreed with this measure which deals with the direct appeal of child support orders. The bill authorizes the use of the National Medical Support Notice to enforce medical support provisions of a child support order. The Department of Human Resources needed this legislation so that it could tap available federal dollars.

HB 1342 – The House agreed with the Senate substitute by a vote of 153 to 6. This legislation will require that the Board of Regents and Department of Technical and Adult Education look at obtaining textbooks in alternative formats and a system in sharing post-secondary texts.

The final bill on the House was one dealing with dead bodies (somewhat appropriate due to the length of the Session!). Rep. Mike Snow moved that the House agree with the Conference Committee Report of HB 1481. The House then approved the Conference Committee Report by a vote of 161 to zero.

There will be a final wrap-up report prepared by mid to late May, 2002. This will be after the Governor’s forty days to either sign or veto bills.